Z l l l l l l l l l l l l l l l A BILL [AS AMENDED IN COMMITTEE] FOR Making further Provision for the Execution of the Office of Examiner of the High Court of Chancery. W HEREAS by an Act passed in the Fiftieth Year of the Preamble. other things enacted, that the Persons to be in future appointed to 5 the Office of Examiners of the High Court of Chancery should take and subscribe in open Court the usual Oaths of Supremacy and Abjuration, and also an Oath to the Purport or Effect therein set forth: And whereas by an Act passed in the Session of Parliament 15 & 16 Vict. held in the Fifteenth and Sixteenth Years of the Reign of Her c.86. 10 present Majesty, Chapter Eighty-six, it was enacted, that the Mode of examining Witnesses in Causes in the said Court, and the Practice of the said Court in relation thereto, so far as such Practice should be inconsistent with the Mode therein-after prescribed by examining Witnesses, should be abolished, and that the Evidence of Witnesses 15 to be adduced in Causes depending in the said Court might be taken orally, and that such oral Examination should take place in the Presence of the Parties, their Counsel, Solicitors, or Agents, and that the Witnesses so to be examined should be subject to Crossexamination 153. The Oath to Examiners examination and Re-examination, as therein directed: And whereas, by reason of the Alterations in the Practice of taking the Examination and Depositions of Witnesses established by the said last-recited Act, it is expedient that the Oath to be taken by the future Examiners of the said Court should be altered: Be it therefore enacted 5 by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That_ I. From and after the passing of this Act every Examiner now 10 be taken by and hereafter to be appointed shall and he is hereby required to take and subscribe in open Court, after the Oaths of Supremacy and Abjuration, instead of the Oath provided by the said first-recited Act, an Oath to the Purport or Effect following; (that is to say,) appointed since the passing of c. 86. Qualification. Payment of retiring 'I A.B. do swear, That I will, according to the best of my Skill 15 'So help me GOD.' 25 II. Any Person to be hereafter appointed to the Office of Examiner of the High Court of Chancery shall be a practising Barrister in some or One of the Courts of Law or Equity of not less than Seven Years standing in the Profession. III. And whereas by the said last-recited Act, Section Sixty-five, 30 Provision was made for the Payment of the Salaries of the Examiners of the said Court, and for their retiring Pensions, and Doubts have arisen respecting the Construction thereof, and it is expedient that such Doubts should be removed, and the Payment of the Salaries and retiring Pensions of Examiners appointed after the passing of the said 35 Act provided for: Be it therefore enacted, That it shall be lawful for the Lord Chancellor and he is hereby empowered to order and direct to be paid to each Examiner of the High Court of Chancery appointed since the passing of the above-recited Act, or hereafter to be appointed, out of the Fund entitled "The Suitors Fee Fund," the annual Sum of 40 One thousand five hundred Pounds in lieu and instead of the Sums now payable under the several Acts of Parliament now in force relating to the the Salaries of the Examiners of the said Court, such annual Sum of One thousand five hundred Pounds to commence and be payable from the Appointment to Office of the Examiner so appointed or to be appointed; and that it shall be lawful for the Lord Chancellor to 5 order to be paid to every such Examiner, out of the aforesaid Suitors. Fee Fund, an Annuity not exceeding Three Fourths of the abovementioned Sum, to commence and take effect immediately after the Period when such Examiner shall resign or vacate his Office, and to continue during the Period of his natural Life: Provided always, that 10 no Annuity granted to any Person having executed the Office of such Examiner shall be valid unless such Person shall have held such Office for a Period of Twenty Years, or unless the Lord Chancellor shall be satisfied by Evidence to be laid before him that such Person is afflicted with some permanent Infirmity disabling him from 15 the due Execution thereof: Provided also, that if at any Time any of the said Examiners shall hold any Office or Employment connected with any Court of Law or Equity, or under the Crown, or in any public Department under the Crown, and if the Salary attached to such Office or Employment, or any retiring Pension or Allowance in 20 respect thereof, shall equal or exceed in Amount the retiring Pension payable under this Act, such last-mentioned retiring Pension shall, during the Continuance of such Examiner in such Office or Employment, or so long as he shall be in the Receipt of any retiring Pension or Allowance in respect thereof equal to or greater than his retiring 25 Pension under this Act, cease to be payable to such Examiner; and if the Salary attached to such Office, or the retiring Pension in lieu thereof, shall be less than the Amount of such Examiner's retiring Pension under this Act, such retiring Pension under this Act shall be reduced by the Amount of such Salary, or of such retiring Pension 30 or Allowance, as the Case may be. A BILL [AS AMENDED IN COMMITTEE.] INTITULED An Act for the better Administration of Charitable Trusts. The Clauses marked A. and B. were added on Consideration of Bill as amended. W HEREAS it is expedient to provide Means for securing the Preamble. due Administration of Charitable Trusts, and for the more beneficial Application of Charitable Funds in certain Cases: Be it therefore enacted by the Queen's most Excellent Majesty, by 5 and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: sioners, Se I. It shall be lawful for Her Majesty and Her Successors, by Her Majesty Warrant under the Royal Sign Manual, to appoint Four Commis- empowered to appoint 10 sioners, and also One Secretary and Two Inspectors for the Purposes Charity of this Act, and upon any Vacancy by the Death, Resignation, or CommisRemoval of any Commissioner, Secretary, or Inspector under this cretary, and Act, from Time to Time in like Manner to appoint another Person Inspectors. to succeed to such Vacancy, and until a fresh Appointment shall be 15 made it shall be lawful for the surviving or continuing Commissioners, in case of any Vacancy, to act as if no such Vacancy had occurred; and Three of the said Commissioners shall hold Office during good Behaviour; and the Fourth, and every Secretary and Inspector to be appointed under this Act, shall hold Office during the Pleasure of Her 20 Majesty. 869. A II. The |